Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47124 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Usha Devi W/o- Baudhu Yadav Village- Badhaul Ps- Wazirganj Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Wazirganj P.S. Case No. 208 of 2023 registered for an offence punishable under Sections 304(B) and 201/34 of the IPC.
3. As per prosecution case, it is a case of dowry death to the deceased due to non - fulfilment of dowry demand by the petitioner and her family members.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner is mother-in-law of the deceased and she has no concern with the mess and business of the deceased and her husband.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.47124 of 2024(2) dt.20-07-2024 2/3 anticipatory bail of the petitioner.
6. On perusal of the FIR, impugned order dated 02.03.2024 and photocopy of certified copy of compromise petition produced before the 1st Additional Chief Judicial Magistrate, Gaya, it appears that on the basis of written report of the informant FIR was registered under Section 304B, 201 / 34 of the IPC. It also appears that during investigation, the husband of the deceased died which is evident from the death certificate issued on 05.09.2023 submitted by the learned counsel for the petitioner. It also appears that both the parties have compromised the case and photocopy of Compromise Petition is on record and one co-accused Baudhu Yadav who is the fatherin-law of the deceased, has already been granted regular bail by this Court in Cr. Misc. No. 12909 of 2024 vide order dated 29.02.2024.
7. Considering the facts and circumstances of the case as well as the fact that petitioner is a lady, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Gaya in connection with
Patna High Court CR. MISC. No.47124 of 2024(2) dt.20-07-2024 3/3 Wazirganj P.S. Case no. 208 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ramesh Chand Malviya, J) saurabhkr/- U T